A Devon and Cornwall Police officer has been found guilty of gross misconduct following an investigation into allegations of child neglect but has avoided dismissal. The Special Case Misconduct Hearing, chaired by Chief Constable James Vaughan at the force’s Middlemoor HQ in Exeter, concluded with the officer receiving a final written warning lasting two years.

The unnamed Police Constable was found to have breached the Standards of Professional Behaviour, specifically “Discreditable Conduct”, under Regulation 63 of the Police (Conduct) Regulations 2020. The misconduct involved the use of a belt to chastise a child, referred to as “Child A”, in what was described as an incident of “excessive chastisement” that led to the officer receiving a Deferred Caution.

‘Culpability High’ – Chair Finds Officer’s Conduct Criminal

Chief Constable Vaughan determined the officer’s actions met the threshold for gross misconduct due to the high level of culpability and emotional harm inflicted, despite the lack of physical injuries. He ruled the officer’s conduct met the legal definition of child neglect under Section 1(1) of the Children and Young Persons Act 1933.

The hearing found that while the incident took place off duty, it still posed a significant risk to public trust in the police service. The chair stated: “A police officer committing a criminal act is capable of seriously undermining public confidence in Devon and Cornwall Police and the wider police service.”

Mitigating Circumstances and Positive Record Influenced Outcome

Despite the severity of the act, Chief Constable Vaughan opted against dismissal, citing the officer’s full cooperation, early admission, and positive engagement with both social services and the Deferred Caution scheme. The officer was also described as a single parent under considerable stress due to challenging behaviour from Child A.

The officer was praised for their “exemplary” service record and for being a “highly effective, competent and professional officer” who is fluent in six languages and respected by colleagues.

Community Impact and Message to Force

In his ruling, Chief Constable Vaughan stated: “Of course it is not appropriate for any person, let alone a police officer, to use a belt to chastise a child… but I am struck by the honesty, integrity and remorse of the officer.”

He emphasized that the decision serves to protect the integrity of the police service and send a deterrent message to other officers.

The officer will now remain in post under the conditions of a final written warning, with the Chief Constable concluding: “The communities of Plymouth, in my view, are better served with this officer remaining in their post and being able to continue to serve the public in the exemplary way the officer has in their professional career to date.”